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- Commercial contracts in Ireland and Irish parties to international contracts governed by civil law: points to bear in mind due to COVID-19
The essence of any contract is that the parties make a bargain involving mutual commitments. A decision by one or more parties not to honor any of those commitments, or the objective inability to do so, can thus lead to contractual disputes. COVID-19, categorized as a global pandemic by the WHO since 11 March 2020, has significantly affected an array of commercial contracts: interrupting supply lines, halting construction works and generally destabilizing business. It is clear that the occurrence of the virus was unforeseeable, unforeseen and is outside of the control of contractual parties. In common law jurisdictions like Ireland, the law approaches situations like these in two main ways.
- Establishing a Business Entity in Ireland (Updated)
I. Introduction - As a common law jurisdiction, Ireland’s legal system is similar to that of the US and the UK and businesses can be carried on in Ireland in several different ways, including as sole traders, partnerships or companies. Companies - A company is a body formed and registered under the Companies Act 2014, which has legal personality separate and distinct from its shareholders. There are various types of companies and each has its own distinct advantages and disadvantages... Please see full Chapter below for more information.
- Ireland, Luxembourg Add Guidance On COVID-19 And GDPR
Luxembourg- Employers should NOT: •require that employees communicate to them daily a statement of their body temperature or fill out medical sheets or questionnaires •have visitors or other external persons sign a declaration by which they certify that they have no symptoms of the coronavirus or that they have not recently traveled to a risk zone, etc...
- Irish Data Protection Commission conducts dawn raid to learn more about Facebook’s pending dating service
Report on Supply Chain Compliance 3, no. 5 (March 5, 2020) - On Feb. 3, Facebook Inc. informed the Irish Data Protection Commission (DPC) that it would be rolling out a new dating service Feb. 14. The DPC was concerned about lack of information regarding the service and the fact that Facebook had not conducted a data protection impact assessment in order to assess any risks.
- IRELAND: COVID-19 (Coronavirus) – Employer FAQs
The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, compensation, immigration, and other employment issues.
- Irish Data Protection Commission investigating Google and Tinder
Report on Supply Chain Compliance 3, no. 4 (February 20, 2020) - After a number of complaints regarding Google‘s processing of location data, the Irish Data Protection Commission opened an investigation into whether or not Google “has a valid legal basis for processing the location data of its users and whether it meets its obligations as a data controller with regard to transparency.”
- Republic of Labour Law – Irish HR Updates
Welcome to our inaugural edition of the Republic of Labour Law, a monthly newsletter in which we distill the most important Irish legal and HR updates from the last month in 500 words or less.
- Irish DPC Issues New Guidance For Data Controllers On Data Security
Ireland’s Data Protection Commission has published guidance on data security. Key Takeaways- The most effective means of mitigating the risk of lost or stolen personal data is not to hold the data in the first place.
- Littler Global Guide - Ireland - Q4 2019
Supreme Court Confirms When an Employee is Entitled to Legal Representation - Precedential Decision by Judiciary or Regulatory Agency - On November 11, 2019, the Supreme Court upheld last year's decision of the Court of Appeal in the case of Iarnród Éireann/Irish Rail v Barry McKelvey.
- Financial Services Quarterly Report - Fourth Quarter 2019: To Compliance and Beyond: the Central Bank’s Forward View for 2020
A recent Dechert OnPoint, No Reward for Good Behaviour: The Central Bank’s Approach to Enforcement, examined new guidance of the Central Bank of Ireland (Central Bank) regarding the enforcement process involving non-compliant firms. Returning to the theme of the OnPoint, this article reviews key features of the Central Bank’s recent announcements, to look forward to what may be expected for 2020.
- M&A Update | Inversions: The View from Ireland
On June 25, 2014, Ireland’s Taoiseach (Prime Minister) Enda Kenny and Minister for Finance Michael Noonan, among others, met with Cadwalader Chairman-elect and Corporate Group Co-Chair James C. Woolery in Dublin regarding foreign direct investment in Ireland and, specifically, the recent...
- Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles: Ireland
Central Bank Update Concerning Fund Management Company Boards The Central Bank has published a document in relation to Fund Management Company Boards including a feedback statement on CP86 and a new consultation on delegate oversight Guidance as well as publication of new...
- Pfizer to Lower Price of Enbrel in Ireland
The Irish Times reports that Pfizer will be cutting the price of Enbrel® (etanercept) on November 1st. Pfizer is cutting its price to comply with Ireland’s Framework Agreement on the Supply and Pricing of Medicines (the “Framework Agreement”), which, starting August 1, 2016,...
- Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 5, 2017: Ireland
Discussion Paper on ETFs Published by the Central Bank - The Central Bank has published this Discussion Paper about Exchange traded Funds (ETFs). It notes that Ireland is the largest European centre for Exchanged Traded Funds (ETFs), which are the fastest growing type of investment fund...
- Investment Funds Update Europe - Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 3, 2018: Ireland
Central Bank Updates AIF Rulesbook for Loan Origination QIAIFs - The Central Bank released on 14 March an updated AIF Rulebook with amendments in relation to Loan Originating Qualifying Investor Alternative Investment Funds (“L-QIAIFs”) to permit loan origination to be part of investment ...
- Littler Global Guide - Ireland - Q3 2018
Employers Caution: Out-of-Hours Emails and the 48-Hour Working Week - Precedential Decision by Judiciary or Regulatory Agency - The Irish Labour Court case of Kepak v. Gráinne O’Hara recently illustrated the risk for an employer when its employee is found to have worked...
- Irish Data Protection Commission Clarifies: GDPR Does Not Preclude Communion Photos
The GDPR that stole communion… Some schools in Ireland have been banning photographs at communion, citing GDPR. The Irish Data Protection Commission clarified in a guidance titled “Taking Photos at School Events: Where Common Sense Comes Into Play” that this is not mandated by ...
- Irish Data Protection Commission Issues Guidance On Right Of Access Under GDPR
Ireland’s Data Protection Commission has issued a guidance note on the right of access under the General Data Protection Regulation....
- Enforcement of Foreign Judgment or Arbitral Awards in Ireland
This is to answer the Group’s questionnaire regarding recognition and enforcement in the Republic of Ireland of foreign judgements and arbitration awards. Please see full answer below for more information....
- ICAV for Christmas!
In our January 2014 OnPoint - Yes - ICAV! Irish Minister for Finance Announces New Irish Corporate Fund Vehicle - we outlined details of the proposed new Irish corporate investment fund vehicle and the enhancements that it offered over the existing corporate fund regime....